Annamarie A. Daley
Experience
- Represented clients in federal and state courts on federal and state antitrust, consumer protection, deceptive trade practices, and other claims, including numerous nationwide class action claims.
- Represented clients in the intellectual property area with emphasis on patent litigation and in trademark, copyright and trade-dress litigation.
- Represented clients in domestic and international distributors and dealer issues and other product marketing issues in federal and state courts, arbitration panels, and state attorney general investigations, and before state regulatory agencies.
- Represented manufacturers' interests before the Food and Drug Administration, United States Coast Guard, the National Highway Transportation Safety Administration, and the Consumer Product Safety Commission including issues involving product recalls, consent decrees and compliance monitoring, Section 15 reports, joint press releases, information education efforts, comments to proposed rulemaking, and voluntary standards, and in connection with state attorney general investigations.
Other Legal Experience:
- Advisory Committee on Rules of the Board on Judicial Standards
- Minnesota Supreme Court state-wide attorney representative appointee to the Minnesota Judicial Selection Commission (1999-2006)
- Federal Practice Committee for the District of Minnesota (2003-present)
- Minnesota Women Lawyers, Advisory Council (2005-present)
- Co-chair Election Campaign for Judge Christopher Deitzen, Minnesota Court of Appeals (2006)
Selected Results*
Counsel in Arctic Cat Inc. v. Injection Research Specialists, Inc. and Pacer Industries Inc., No. 01-543 (D. Minn., filed March 2001), in which Arctic Cat, having been accused of infringing patents for electronic fuel injection technology and presented with a $100 million demand, brought a declaratory judgment action to establish Arctic Cat’s non-infringement, and the invalidity and unenforceability of the patents. Between March and May 2005, Arctic Cat received summary judgment rulings on six separate legal grounds – laches, equitable estoppel, legal estoppel, patent invalidity, non-infringement by certain snowmobile models, and no willful infringement. These rulings granted Arctic Cat the rare “trifecta” of patent defense victories: patent invalidity, unenforceability, and non-infringement by certain Arctic Cat snowmobile models. In February 2005, the parties settled all claims with no payment from Arctic Cat, covenants not to sue issued to Arctic Cat and its customers and vendors, and indemnification by the parent companies of Injection Research and Pacer.
Counsel in Motorsports Racing Plus v. Arctic Cat, et al., (Minn. Ct. App. Oct. 2003) affirming summary judgment on behalf of the defendants in an antitrust case involving claims of unreasonable restraint of trade, refusal to deal and attempt at monopolization together with various common type and law tort claims such as tortious interference and conspiracy.
Trial counsel in Walman Optical Company v. John Cottrell and Capsule Technologies, Inc., No. 01-002618 (Minn. state court, trial May 2002) in breach of duty of loyalty, duty of confidentiality and duty of good faith claims against a former employee who took the company’s new product ideas, obtaining recovery of lost profits.
Counsel in Richard Daniels v. Walman Optical Company (D. Ga, filed Oct. 2001), in which Walman Optical Company obtained summary judgment against plaintiff on his breach of contract claim and in favor of Walman on its counterclaim for breach of contract.
Obtained summary judgments of no patent infringement and on a Lanham Act claim.
Obtained summary judgment on state antitrust and state tort claims.
Tried a federal antitrust tying case.
Defense and prosecution of various dealers and distributors disputes including antitrust and franchise issues.
Co-lead counsel in a constitutional challenge to Minnesota legislation that resulted in a $340 million judgment on behalf of Minnesota workers’ compensation insurers.
Lead counsel in a constitutional challenge to Minnesota regulations resulting in an annual $20 million savings for another industry.
Obtained a $3 million jury verdict on a fraud claim arising out of the sale of a business.
Recognition
- Named by Minnesota Lawyer as one of its Attorneys of the Year (2006)**
- Named a “Super Lawyer,” Minnesota Law & Politics (2001, 2002, 2003, 2004, 2005, 2006, 2007) **
- 1997 recipient of the “40 under 40" award by the Business Journal, which recognizes and honors top young influential leaders in the Minneapolis business community **
Memberships
- American Bar Association (Antitrust and International Sections)
- American Intellectual Property Law Association (Antitrust Section)
- Federal Bar Association
- Minnesota State Bar Association
- Hennepin County Bar Association
- National Institute for Trial Advocacy
- Minnesota Women Lawyers
- Litigation Counsel of America, Fellow
Civic Associations
- MacPhail School of Music, Board of Trustees
Bar Admissions
- Minnesota
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Minnesota
- U.S. Supreme Court
Education
- University of Minnesota Law School, J.D., cum laude, Truman Scholar (1984)
- University of Reading, England, post-graduate degree in Agricultural Economics, Marshall Scholar (1981)
- University of Minnesota, undergraduate degrees in Political Science, magna cum laude, and Agricultural Business Administration, with highest distinction, Truman Scholar (1980)
Selected Speeches
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Trial Advocacy
NITA, St. Paul, Minnesota
(September 14-19, 2007)
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Effective Depositions; From Backpack to Briefcase
National Association of Women Lawyers, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, Minnesota
(March 30, 2007)
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Ethical Issues
Iowa Intellectual Property Law Association
(October 13-14, 2006)
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Modern Licensing Law: Ethical Issues
Law Seminars International, Minneapolis, MN
(June 19-20, 2006)
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